Acórdão nº 0288043 de Court of Appeal of Lisbon (Portugal), 11 de Novembro de 1992
Magistrado Responsável | MANUEL DIAS |
Data da Resolução | 11 de Novembro de 1992 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP29 ART98 ART100 ART99 ART1 PARUNICO. CPC67 ART712. CPP87 ART381. CP82 ART31 ART32 ART72 N1 ART73 N1 ART78. CONST76 ART32.
Sumário: I - No domínio do Código de Processo Penal de 1929, às Relações só é lícito alterar as decisões da primeira instância quando do processo constem todos os elementos de prova ou quando se trate de factos plenamente provados por documento autêntico artigo 721 n. 1 do código Código de Processo Civil, "ex vi" artigo 1 parágrafo único do Código de Processo Penal de 1929. II - As Relações só podem anular as decisões do Tribunal Colectivo quando resultem deficientes, obscuras ou contraditórias as respostas aos quesitos ou quando entendam ser indispensável a formulação de outros...
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